New York Divorce Laws

New York Divorce Laws:

To get an annulment, divorce, or separation, the following residency requirements must be met:

• If the couple was married in the state and at least one spouse has been a resident of the state for a continuous period of one year prior to filing.
• The couple has resided in the state as husband and wife, and either party has resided in the state for a continuous period of one year prior to filing.
• Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

[Based on New York Domestic Relations Laws - Article 13 - Sections: 230]

A divorce may be granted on any of the following grounds:

• The cruel and inhuman treatment.
• Abandonment of the plaintiff by the defendant for a period of one or more years.
• Imprisonment of the defendant in prison for a period of three or more consecutive years after the marriage.
• Adultery
• Living separate and apart pursuant to a decree of separation for a period of one or more years.
• Living separate and apart pursuant to a written agreement of separation, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides.

[Based on New York Domestic Relations Laws - Article 10 - Section: 170]

A couple may receive a judgment separating the parties from bed and board, forever, or for a limited time, for any of the following causes:

• The cruel and inhuman treatment.
• The abandonment of the plaintiff by the defendant.
• Failure to support the other spouse.
• Adultery
• The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

[Based on New York Domestic Relations Laws - Article 11 - Section: 200]

New York is an equitable distribution state, meaning that marital assets will be divided in an equitable, but not necessarily equal fashion, except where the parties have entered a prenuptial or ante nuptial agreement. In determining an equitable disposition of property, the court shall consider:

• The income and property of each party at the time of marriage, and at the time of the commencement of the action.
• The duration of the marriage and the age and health of both parties.
• The need of a custodial parent to occupy or own the marital residence and to use or own its household effects.
• The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution.
• Any award of maintenance.
• Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party.
• The liquid or non-liquid character of all marital property.
• The probable future financial circumstances of each party.
• The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party.
• The tax consequences to each party.
• The wasteful dissipation of assets by either spouse.
• Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
• Any other factor which the court shall expressly find to be just and proper.

[Based on New York Domestic Relations Laws - Article 13 - Section: 236]

Either spouse may be awarded spousal support. In determining the amount and duration of maintenance the court shall consider:

• The income and property of the respective parties including marital property distributed in the divorce.
• The duration of the marriage and the age and health of both parties.
• The present and future earning capacity of both parties.
• The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary to become self-supporting.
• Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage.
• The presence of children of the marriage in the respective homes of the parties.
• The tax consequences to each party.
• Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party.
• The wasteful dissipation of marital property by either spouse.
• Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration.
• Any other factor which the court shall expressly find to be just and proper.

[Based on New York Domestic Relations Laws - Article 13 - Section: 236]

In any action dissolving a marriage, the final judgment shall contain a provision that each party may resume the use of his or her pre-marriage surname or any other former surname. [Based on New York Domestic Relations Laws - Article 13 - Section: 240-a]

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